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(영문) 서울북부지방법원 2016.02.19 2015고단2633
사기
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a taxi engineer from around December 199, engaged in a loan business by lending money on condition that he/she will receive 5% interest per month from taxi drivers and persons engaged in entertainment business, etc., on condition that he/she will pay 2-3% interest per month from around 1999. However, the amount of malicious claims increased and the so-called return of funds began to prevent so-called return of funds, and reached the level of KRW 9 million per month on December 2010. "2633"

1. On December 31, 2010, the criminal defendant against the victim B, on or around December 31, 2010, at the victim B’s house located in Seoul Special Metropolitan City, Nowon-gu Seoul Special Metropolitan City, giving 2% interest on the loan of money to the victim, and the principal shall be returned within the several days if the return is requested, or repaid within the three months at the latest.

“False speech” was made.

However, the Defendant was not only in a state of preventing the return of funds as above, but also in a situation where it was difficult to operate a normal loan business due to the lack of special circumstances to recover a large amount of malicious claims. On the other hand, the Defendant was unable to pay the interest and principal under the agreement of the victim if he/she borrowed money from the victim, and there was no intention or ability to pay the interest and principal normally even if he/she borrowed money from the victim.

As above, the Defendant: (a) by deceiving the victim and immediately received KRW 50 million from the victim’s account in the name of the Defendant; and (b) from December 20, 2010 to June 9, 2014, the Defendant was issued KRW 288,226,200, total sum of KRW 76 times from the victim, as shown in attached Table 1, from around December 20, 2010 to June 9, 2014.

2. On April 27, 2011, the Defendant against the victim D would pay 3% interest on the loan of money to the victim at the F cafeteria operated by the victim D located in Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, and pay the principal two years later.

“The purpose of “ was to make a false statement.”

However, the defendant is the above.

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